The unique aspect of this incident is that the aircraft crashed away from the display area, killing and injuring people who had no involvement in the air display. If you pay to watch an air display, you accept that there is a small element of risk watching aircraft maneouvre at close quarters. Persons away from the display area have no idea that they may be at risk, or may have taken a deliberate decision to avoid such risks. The public outside of a display area are entitled to believe that the organisers of air displays and pilots have taken every step to avoid and mitigate any risk to general members of the public going about their daily business. That certainly did not happen at Shoreham. Various factors served to increase the risks of an accident happening, the display area, the type of aircraft, aircraft maintenance, weather conditions and pilot experience on the type. Ultimately the blame must be laid before the pilot who was responsible for an error of judgement and a failure to take action to recover from the maneouvre by rolling the aircraft upright and out of the loop when this was still possible.
Should criminal proceedings take place, jail sentences for the organisers or pilot might not be seen to be justice in relation to this incident, but it will certainly act as a warning to organisers of future displays as to the consequences of inadequate planning and safety considerations. Air displays are extremely popular, but general members of the public who choose not to attend are entitled to expect the highest level of protection from these activities. That is what makes this incident so tragic, because the controls that will now be enforced will serve to limit some of the activities and aircraft that make air displays so popular.